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One of the most common questions that people ask me, “the police didn’t read me my rights—can’t we get the charges thrown out?” Relatively simple question but, like most things in the law, a complicated answer. The answer most of the time is “No.” Before I proceed...
Parties often look forward to their day in Court in custody and divorce matters, because it is finally their day to tell their side of the story. Many people anxiously anticipate having a neutral third party (the Judge) sending the message to their former partner...
In my last post, I talked about Miranda and the rights that accompany Miranda. In this post, I want to answer this commonly asked question: the police contacted me, and they want to talk to me. What should I do? Answer: contact an attorney immediately. It likely...
December can be a fun and festive month – unless you are charged with a DUI. Law enforcement agencies across Pennsylvania know that parties – and without a doubt, drinking – abound during this month, and as a result, they will be conducting sobriety checkpoints,...
The law regarding searches and seizures is constantly in flux and both federal and Pennsylvania state courts issue decisions regularly that define the contours of this area of criminal law. One such area is searches and seizures about drug and gun cases. As discussed...
Pennsylvania courts have broad discretion in making custody determinations based on what it believes is in the best interests of the child. The court makes such a determination based on a host of factors that has a legitimate effect on a child’s physical, moral,...
The Commonwealth of Pennsylvania has created a pre-trial alternative to traditional prosecution called Accelerated Rehabilitative Disposition or ARD. The Pennsylvania legislature established the ARD program by enacting 234 Pa. Code Rule Chapter 3, and its primary...
Statutory mandatory minimum sentencing provisions are controversial nationwide. These laws take away discretion from judges in sentencing and prevent defendants from arguing for factors that serve to mitigate a person’s sentence. In Pennsylvania, the criminal code...
The District Attorney for Lancaster County is arguing that persons convicted of burglary should receive longer sentences. According to a news report, Craig Stedman, the Lancaster District Attorney, bemoans the fact that convicted burglars may be incarcerated for only...
While it is difficult to quantify the exact number of people arrested for criminal offenses that make the case for the prosecutor or provide critical evidence, there is no denying this is a common mistake. Many people who are arrested provide incriminating statements...